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SCHMICK v. STATE

No. 98766.

2012 Ohio 4945

EUGENE SCHMICK, RELATOR, v. STATE OF OHIO, RESPONDENT.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Release: October 23, 2012.

Attorney(s) appearing for the Case

Eugene Schmick , Inmate No. 0083228, Cuyahoga County Jail, P.O. Box 5600, Cleveland, OH 44101, for Relator.

Mike DeWine , Ohio Attorney General, Peter L. Jamison , Assistant Attorney General, Criminal Justice Section, 150 E. Gay Street, 16th Floor, Columbus, OH 43215, Attorneys for Respondent.

JOURNAL ENTRY AND OPINION

COLLEEN CONWAY COONEY, J.

{¶1} On August 8, 2012, the petitioner, Eugene Schmick, commenced this mandamus action against the respondent, the state of Ohio, to compel the State through the Ohio Department of Rehabilitation and Correction to give him proper jail-time credit pursuant to State v. Fugate, 117 Ohio St.3d 261, 2008-Ohio-856, 883 N.E.2d 440. On September...

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